Yes. While it may feel uncomfortable for a short moment, it is important that your attorney have complete information so that your interests can be fully protected. If speaking directly about these facts still seems too hard, consider putting them in a letter. Attorneys who practice divorce law are accustomed to hearing a lot of…
A deposition is an opportunity for your spouse’s attorney to gather information and to assess the type of witness you will be if the case proceeds to trial. Feeling anxious about your deposition is normal. However, regardless of the personality of the lawyers, most depositions in divorces are generally uneventful. Remember that your attorney will be…
It depends. If you are paying your attorney by the hour, expect to be charged for the time your attorney spends talking with you. If your attorney is being paid a flat (or possibly a contingent) rate for handling your divorce, the time spent talking with you may be included in the fee.
North Carolina law allows you to proceed with a divorce even if you do not know the current address of your spouse. This is a very difficult process and is full of procedural landmines. It is one in which a good attorney will be needed (and maybe a good private investigator). First, take action to…
Yes, it is possible to get a divorce in North Carolina if your spouse lives in another state. Provided you have met the residency requirements for living in North Carolina for six months, you can file for divorce in North Carolina even if your spouse lives in another state. Discuss with your attorney the facts…
In North Carolina, the length of time a divorce takes depends greatly from county to county. After the defendant (the spouse who did not start the proceedings) is “served” (determined to have been given legal notice of the divorce), the spouse has at least 30 days to respond. This date is either the day that the defendant,…
A divorce complaint is a document signed by the person filing for divorce. It is filed with the clerk of the court to initiate the divorce process. The complaint will set forth in very general terms what the plaintiff is asking the court to order; it may include all of the issues the person filing…
It depends. In the eyes of the court, the Plaintiff (the spouse who files the Complaint initiating the legal process of the divorce) and the Defendant (the other spouse) are not seen differently by virtue of who files for divorce. Often times in divorce actions, lawyers and judge dispense with the formal titles of Plaintiff and…
No, North Carolina does not require that you file for divorce in the county where the marriage took place You may file your divorce action either in the county where you reside or the county where your spouse resides. For example, if you live in Charlotte (Mecklenburg County) and your spouse lives in Raleigh (Wake County),…
No, the sheriff does not have to serve divorce papers in every case. The sheriff is only one of the ways that you may serve your spouse with the divorce papers. The easiest way to obtain service would be to have your spouse sign a document known as an Acceptance of Service (talk to your…